Interim relief and whistleblowing: new guidance and what it means for employers

The Presidents of the Employment Tribunals have issued new guidance on applications for interim relief, effective from 22 June 2026. For HR teams and in-house legal teams, this guidance will be welcome. It reflects a sharp increase in application for interim relief (most commonly in whistleblowing cases) and a growing concern about the pressure these cases place on the overloaded Tribunal system. 

When can claimants apply for interim relief?

Interim relief remains one of the most powerful, but rarely granted, remedies in employment law. Where successful, it effectively “pauses” a dismissal, requiring the employer to reinstate, re-engage or continue the employee’s contract (typically on full pay) until the full hearing.  With complex claims taking years to reach a final hearing, this can be a hugely valuable remedy for Claimants. 

It is only available in certain unfair dismissal claims, where the Claimant is alleging that the true reason for dismissal was one of the following automatically unfair reasons: 

• Making a protected disclosure (whistleblowing)
• Various reasons connected with trade union membership or activities
• Activities as a health and safety representative, working time representative, TUPE or collective redundancy employee representative
• Various other reasons related to health and safety, working time or being a trustee of an occupational pension scheme. 

Because it is such a draconian remedy, there is a high bar for granting applications. Claimants must show that they are likely to succeed at trial - this doesn't just mean “more likely than not” to succeed but that they have a “pretty good chance” of success at the final hearing.  

This is particularly challenging for claimants because the application must be made within 7 days of dismissal and the application is then heard as soon as possible - long before disclosure has taken place or witness statements been exchanged.   As a result, the claimant needs to have strong evidence that the reason for dismissal is one of the automatically unfair reasons - this causation element is often the hardest aspect to prove.   It's not surprising that the majority of applications are unsuccessful.   

Why are more applications being made? 

Employment Tribunals are now seeing a dramatic increase in interim relief applications -  from 20 applications per year across the whole Tribunal system to 20 per month at each Tribunal office.  The guidance links this to the rise in protected disclosure claims and, interestingly, to the use of AI in generating submissions. Alongside this, there has been a noticeable expansion in the volume of material being filed. This sits uneasily with the intended purpose of interim relief—an urgent, summary assessment.

The guidance makes it clear that interim relief applications will be tightly managed to ensure that the volume of material is proportionate.   Interim relief applications will, by default, be determined in hearings lasting no more than 3 hours, based on 30 minutes of legal submissions by each side.    

Implications for employers

There are several practical takeaways for employers. 

First, while the success rate remains low, the increase in applications means employers are more likely to face them—particularly where there are whistleblowing allegations. That brings with it immediate resource and reputational considerations, given the urgency and public nature of these hearings.

Second, the Tribunal’s focus on proportionality is welcome. Employers responding to interim relief applications should focus on providing a few key documents rather than rafts of material - this is likely to be a more persuasive presentation of their case. 

Third, the guidance reinforces the importance of a paper trail. In most cases, the Tribunal will be deciding the application without oral evidence, based on a limited set of key documents. Well-drafted dismissal letters, contemporaneous records and clear evidence of the employer’s rationale will be critical in resisting applications for interim relief.

Fourth, the commentary on AI is helpful. While not prohibiting its use, the Tribunal is plainly concerned about overly long AI-generated submissions which fail to focus on the key points.  

Timing and process

Interim relief applications are required to be heard  “as soon as practicable”. Postponements are only granted in exceptional cases. 

This compressed timetable means employers need to move quickly to prepare submissions, identify key documents and engage legal support.

Actions for HR and legal teams

• Treat dismissals involving whistleblowing or other automatically unfair grounds as potential interim relief risks from the outset.
• Ensure decision-making and documentation would withstand early, high-level scrutiny
• Develop a rapid response plan for handling applications, including identifying internal stakeholders and external advisers.
• Take a proportionate approach to evidence—focus on the documents that matter most.
• Be prepared to challenge excessive or unfocused claimant material, particularly where AI appears to have been used indiscriminately.